NATIONAL INSURANCE CO LTD Vs. GORI GAS SERVICE

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission whereby the said Commission, allowing the appeal filed by the complainant/respondent, directed the petitioner company, to pay a sum of Rs. 1,01,895/- to the complainant, alongwith interest @ 6% per annum and cost of litigation quantified at Rs. 2000/-.

(2.) The complainant had taken an insurance policy from the petitioner company, in respect of various articles kept and stored in shop no. 8 & 9 at Mahalaxmi Panch Rasta, Paldi, Ahmedabad. The case of the complainant in brief is that on 28.02.2002, rioters attacked his shop and damaged and looted various articles kept in shop no. 9. The said articles were alleged to be gas hot plates, gas lighters, rubber tubes, regulators, gas cylinders besides several articles of furniture, electrical fitting etc. On information being given to the insurance company, Mr. Jaikant V. Bhatt was appointed as the surveyor to assess the loss. The aforesaid surveyor assessed the loss to the complainant at Rs. 1,01,895/-. The insurance company also appointed an investigator to enquire into the aforesaid incident. The investigator M/s. Claim Minimization Bureau, vide their report dated 12.01.2003, concluded as under:

(3.) Based upon the report of the investigator, the insurance company rejected the claim lodged by the complainant.